OAR 441-446-0210
Dealer Requirements
(1)
A dealer shall file all required applications for ownership documents and trip permits, or ensure required applications are completed and filed, as required by OAR chapter 918, divisions 550 and 600.(2)
A manufactured structure dealer selling manufactured homes for installation in Oregon shall present each potential buyer of a new manufactured home with the manufactured dwelling buyer’s disclosure form to read and sign prior to the completion of the purchase agreement for a manufactured home. A dealer shall give one copy of the disclosure form, signed by the buyer and the dealer, to the buyer and retain one copy in the dealer’s files for not less than five years from the date of sale. Copies of signed disclosures shall be made available to the director upon request.(3)
A dealer must maintain accurate records for a period of five years from the last date for the transaction, including after the dealer has ceased doing business in the state. A dealer may maintain records in any electronic format capable of being reduced to written form. Records required to be maintained include but are not limited to:(a)
A legible copy of any disclosure statement provided to a purchaser;(b)
A legible copy of any trip permit issued by the dealer;(c)
A record of the names and addresses of all contractors retained or hired by the dealer to engage in any aspect of manufactured structure installation or service work and a record identifying the manufactured structures on which each contractor performed work;(d)
Records of any correction notices the dealer has sent to a manufacturer for repairs arranged by the dealer;(e)
A record of any alterations a dealer made to a manufactured structure prior to sale or as a part of a sales agreement;(f)
A legible copy of all records relating to a sale, including but not limited to confirmation orders, diagrams, purchase options, written agreements, financing applications, financing agreements, change orders, price changes, ownership documents, and applications to record a structure in deed records;(g)
A copy of the verification, whether completed through NMLS Consumer Access or by other means, of a mortgage loan originator’s license or registration required by OAR 441-446-0203 (Exemptions from Mortgage Loan Originator Licensing); and(h)
Records associated with consignment sales.(4)
Records specified under this section must be readily accessible to the director upon request. Records may be stored at the dealer’s principal place of business, an additional place of business indicated on the dealer’s license, or in a location within the state that the dealer may produce the records for the director’s examination.(5)
In addition to the bond or letter of credit requirements in ORS 446.726 (Bond or letter of credit requirements), a dealer shall authorize their bond or letter of credit company to notify the director upon any change to or cancellation of the insurance required for their dealer license, and notify the director of any change to or cancellation of the bond or letter of credit required for their dealer license.(6)
A dealer shall, within 10 business days, notify the director of any name, ownership, address changes or additions, through a director approved form including any change of registration status with the Secretary of State, and obtain all required licenses.(7)
A dealer shall exercise due care and diligence that is consistent with industry practice in all transactions involving a manufactured structure and shall not, by act or omission, endanger the economic welfare or the health or safety of the public through such transactions.(8)
A dealer shall not engage in conduct which demonstrates habitual disregard for the law.
Source:
Rule 441-446-0210 — Dealer Requirements, https://secure.sos.state.or.us/oard/view.action?ruleNumber=441-446-0210.